Open Carry and what does it mean to YOU?
I was at a presentation given by Chief Holloway of the Bellaire Police Department, put on by the Bellaire Business Association, on the new Open Carry laws that go into effect on Jan 1, 2016. Although very informative on the signage required by businesses to tell customers that guns are not permitted, I felt his message was very anti CHL holder. I am running for City Council on the promise of openness and full transparency and to tell it how I see it. If you want to hear the truth, then Elect Kevin Newman for Bellaire City Council.
I left truly amazed and offended after hearing his 45 minute presentation. When he asked the group of 20 or so how many where CHL holders only 3 hands went up, I was very clearly in the minority, which is probably why I could hear the anti CHL remarks and hypothetical situations they were preposterous. My favorite scenario was that a person who is open carrying would go into Starbucks, create a confrontation and then be more likely for violence because the concealed weapon he had been carrying for years was now on the outside of his clothes. Chief Holloway also said that car burglaries will now go up from criminals looking in cars to find guns. People have had the right to carry concealed since 1995 and I am not sure how being able to open carry would increase crime. On Jan 1st, then only thing that changes is the person doesn’t have to cover his gun. The same gun that was always there. The same gun the person was already carrying.
The Chief’s only intelligent remark was that a CHL holder will not put his licensee in jeopardy. Now he did say it in one of his crazy hypothetical situations, but that sentence is correct. A CHL holder values his safety and the right to carry very highly. A CHL holder is instructed on the correct time lethal force is allowed and what the consequences are if you misuse your right to carry. If you are concealed carrying and your shirt got caught on the door or you reached down to pick up your groceries and your shirt moved up, then technically you broke the law. Now with open carry, if that did happen it is not illegal and now concealed carry people can feel more at ease.
I listened to the Chief spread fear for about 45 min and how the new law is horrible and will cause bad things. Pat McLaughlan asked the Chief what happens when a CHL holder is pulled over, does it show on the computer when they run his driver’s license. Chief Holloway replied, I don’t think it does. I was flabbergasted by his statement. Just to make sure nothing has changed, I confirmed with a Bellaire Police officer that the same notification was still in place as it had been for years. When the CHL holder is run, a screen pops up instantly and the computer makes alerts show the person has a CHL.
Any person who is open carrying on Jan 1st was more than likely concealed carrying the whole time. Where they bad then? Where they violent at Starbucks then? I spoke to a gun expert and tactical trainer and this is what he said. Open carry is a personal choice. Concealed carry is a personal choice for tactical reasons, not criminal. Generally, criminals do not carry in a holster and this is what gives them away. Body language and poor tactical skills are what can be used to determine who is a threat and who is there to protect you.
As a CHL holder I can tell you that I highly respect anyone that has the license. We took the class and got licensed, finger printed and FBI background checked. That person standing next to you open carrying cares more about your safety than anyone else. A criminal who is planning on robbing that Starbucks will now think twice when he opens the door and sees someone open carrying. If the sight of a gun scares you then we need to provide gun safety classes to teach the Bellaire residents about guns and about the people who actually took the time and effort to become a Concealed License Holder.
Open Carry is a deterrent to crime, not a source of it. Criminals already have their guns, whether bought legally or stolen from someone. The real issue is crime and a persons desire to feel safe. Open carry will be a victim of its own press. It will be a fad, carried by some and occasionally by others who want to show off their very expensive pistol. The one thing we learn in CHL class was that the element of surprise is a benefit. The Chief did mention this as well. Once you pull your gun you need to be prepared to use it and you must follow the law or you will get arrested for pulling it out for the wrong reason.
This meeting was to tell businesses how to run off open carry people. I can tell you this, if a business refused to allow open carry, unless they had very good reason, I would never shop or use that business again. These businesses need to take that into account. The sad part is even if the no open carry sign is up, the person can un-tuck his shirt and now it is concealed. What did the store really accomplish?
If you do open carry or conceal carry the new law changed the sign requirements and how a business can tell you if you can enter. The standard 51% sign we all know is still in use and that is TABC. There are 2 new signs and each or none must be on the door in contrasting letters. One sign is no concealed carry (30.06) and one is for no open carry (30.07). A 30.06 sign is a sign that a business owner can post to restrict a CHL holder from entering the business with a concealed handgun. The sign must contain the exact words required by Section 30.06 in both English and Spanish, be placed in an area visible to the public, and have 1″ lettering or it will not be considered a legally binding 30.06 sign. “Gunbuster” signs, or signs with a red slash through a gun, are not considered valid 30.06 postings. 30.07 signage has similar requirements and is utilized to restrict a CHL holder from openly carrying their handgun into the business. A new component added is a verbal notice. This is very important to know. Any business can tell you that you are not wanted and you must leave or you commit a class C misdemeanor. I can tell you from experience that some businesses never had the 51% sign in the correct place and you would see it when you went to the bathroom in the of the place. Legally, the CHL did not violate the law since the since was placed incorrectly, but most CHL holders will then honor the sign and remove their gun from the premise. It is very easy to miss a sign and I can see people walking in open carrying and being told to leave. Contrary to what Chief Holloway said, I think that person would have no issues and respect the rights of the business to conceal his weapon or to remove it from the location.
I felt the Chief was helping to cause the hysteria that everyone thinks will happen on Jan 1st. By not telling a realistic view, it reaffirms the stereotype and nonsense that uninformed people already believe.